[2025:RJ-JD:53993]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 12403/2025 Sunil S/o Gautam, Aged About 23 Years, R/o Narwali, Police Station Khamera, District Banswara, Rajasthan. (At Present Lodged In Dist. Jail Banswara)

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Indra W/o Bheriya, R/o Narwali, Police Station Khamera, District Banswara.

----Respondents For Petitioner(s) : Mr. Vijay Kumar Gaur For Respondent(s) : Mr. Lalit Sen, PP HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

15/12/2025 This application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.90/2025 registered at Police Station Khamera, District Banswara, for the offences under Section 65(1) of BNS and Sections 5(l)/6 and 5(j)(ii)/6 of POCSO Act.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Drawing attention of the Court towards the challan papers and the statements of the victim ‘R’ recorded under Section 183 BNSS, learned counsel submitted that the victim in her statements has clearly stated that she is having an old acquaintance with the present petitioner. It was also stated that she developed physical relationship with him out of her free will and volition. When she became pregnant and her relationship with the present petitioner came to be noticed by her family members and thereupon, FIR has been lodged against the petitioner.

Learned counsel submitted that the statements of the victim ‘R’ clearly indicates that this is a case where the victim was in consensual relationship with the present petitioner out of her own free will and volition; the investigation against the petitioner has already been concluded; the petitioner does not have any criminal antecedents; the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has vehemently opposed the bail application. However, learned Public Prosecutor has not shown any apprehension of petitioner influencing the victim or other material prosecution witnesses of the case or fleeing away from justice, in case he is enlarged on bail Having considered the rival submissions, facts and circumstances of the case, and after perusing the challan papers and the statements of the victim recorded under Sections 180 and 183 BNSS, this Court without expressing any opinion on merits/demerits of the case is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioner Sunil S/o Gautam arrested in connection with F.I.R. No.90/2025 registered at Police Station Khamera, District Banswara, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.

(KULDEEP MATHUR),J

154-divya/-